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CRITTENDEN v. AYERS

No. 05-99006.

624 F.3d 943 (2010)

Steven Edward CRITTENDEN, Petitioner-Appellant, v. Robert L. AYERS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn March 1, 2010.

Resubmitted August 13, 2010.

Filed August 20, 2010.

Amended November 2, 2010.

Attorney(s) appearing for the Case

Mark Goldrosen (argued), San Francisco, CA, and Michael L. Spiegel (argued), New York, NY, for the petitioner-appellant.

Edmund G. Brown, Jr. , Attorney General of the State of California, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Senior Assistant Attorney General, Ward A. Campbell , Supervising Deputy Attorney General, Jesse N. Witt , Deputy Attorney General, and Eric L. Christoffersen (argued), Deputy Attorney General, for the respondent-appellee.

Before: JEROME FARRIS, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.

ORDER

The opinion filed on August 20, 2010, slip op. 12331, and appearing at [620 F.3d 962] 2010 WL 3274506, is amended as follows:

In Section I.C.1 of the opinion, at slip op. 12351 [620 F.3d at 972-73] 2010 WL 3274506, at *8, the first paragraph, which states:

Under Batson's first step, the defendant must establish a prima facie case of purposeful discrimination. See Batson, 476 U.S. at 93-94 [106...

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